Plastic artist. Idanha-a-Nova appeals to the Human Rights Court
The Idanha-a-Nova City Council will appeal to the European Court of Human Rights against the decisions of the Supreme Court of Justice (STJ) and the Constitutional Court (TC), which rejected the appeal in a case related to the plastic artist Cristina Rodrigues.
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País Cristina Rodrigues
"In both instances, the municipality saw its appeal rejected (the merits of the appeal were not analyzed), which is why the municipality will appeal to the European Court of Human Rights", the local authority states in a note published on its official Facebook page.
The Idanha-a-Nova City Council, in the district of Castelo Branco, justifies the decision because it "understands that any legal system (in a Democratic State of Law) must provide its citizens with access to an appeal body and the right to a contradictory statement before decisions are made".
To the Lusa agency, the Mayor of Idanha-a-Nova, Armindo Jacinto, confirmed that the local authority will appeal to the European Court of Human Rights "because the Portuguese courts did not even analyze the appeal [Supreme Court of Justice and the Constitutional Court]".
"We won in the first instance and in the second instance, she [Cristina Rodrigues] won. We understand that there should be a third instance to rule", he stressed.
In a ruling dated May 2, 2023, the Coimbra Court of Appeal (TRC) revoked the decision of the Castelo Branco Civil Court and admitted the conversion of the execution for delivery of a specific thing into execution for payment of a specific amount.
At issue is a court decision that ordered the municipality to return seven works of art to the author, as well as to pay her the amount of five thousand euros, as compensation for non-patrimonial damages.
The artist requested that the execution for delivery of the specific amount be converted into execution for the payment of 333,142 euros, as this is the value of the works of art that should have been delivered to her.
Armindo Jacinto confirmed that an amount of approximately 450 thousand euros has been seized to guarantee the amount to be executed, to which the City Council has already filed an opposition.
"We were taking action to oppose the seizure of the money [450 thousand euros] from an account of the Idanha-a-Nova City Council and we offered as a guarantee the seizure of assets that are paintings that we bought from Cristina Rodrigues. We want to replace the money with material assets", he stressed.
This opposition was filed with the competent court on April 19, since the municipality understands that "it is not legal to seize public funds, in the way in which this was done".
In a statement sent to the Lusa agency, the Movement for All (MPT) accuses the Mayor of playing the victim throughout this process.
"Every time the process moves in Court, we witness statements and press releases from the Mayor, in a victimizing manner and with a discourse indicating that he is being targeted by a con game", they state.
They add that all appeals and press releases "have been made on the Mayor's own initiative, claiming to be on behalf of the municipality, but not bringing the matter to the attention of the councilors".
"It is certain that the various instances of justice have ruled in favor of Cristina Rodrigues. Thus, clear and objective questions arise, namely: What crime was committed by the municipality that led to this conviction? Who, on behalf of the municipality, contributed to this conviction of the 'immaterial institution' that is the municipality", asks the MPT.
Contacted by the Lusa agency, the artist Cristina Rodrigues said that during all these years she has never spoken out about this process and will not do so.
"I will not now speak out about a matter that, for me, is closed", she concluded.
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